IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.3287/2019 BETWEEN:
Lathesh @ Lathesh Poojary S/o Sankarappa G. Anchan, Aged about 33 years, R/at Sharada Nilaya, Hoige Palimaru, Palimaru Post, Udupi Taluk, Udupi District-575 126. ... Petitioner (By Sri B. Lethif, Advocate) AND:
The State of Karnataka Through Station House Officer, By Hiriadka Police Station, Udupi District, Rep. by SPP, High Court Building, Bengaluru-560 001. ... Respondent (By Sri K. Nageshwarappa, Advocate) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in CR.No.141/2016 of Hiriadka Police Station, Udupi for the offences punishable under Sections 302, 120(B), 112 read with Section 34 of IPC.
This Criminal Petition is coming on for Orders, this day, the court made the following:
O R D E R The present petition has been filed by the petitioner-accused No.4 under Section 439 of Cr.P.C praying to release him on bail in Crime No.141/2016 of Hiriadka Police Station, Udupi for the offences punishable under Sections 302, 120B and 112 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
3. The genesis of case as contended by the complainant is that on 19.12.2016 at about 01.15 p.m., the complainant received a phone call that his brother- in-law Praveen Kulal has been assaulted by Talwar near Hiriyadka Kotla Katte, immediately, the complainant along with his co-brother Umesh Kulal came to the said place and there, he found the deceased-Praveen Kulal’s lying in a pool of blood and there were so many injuries over the body of the deceased and he also found a pistol lying near the body. On enquiry with neighboring people about the incident, he came to know that the deceased came in his car bearing Registration No.KA- 19-MB-1616 and went to Diya Bar, where he met his known people and that there was a quarrel between them because of previous enmity, the deceased came out of the bar and tried to escape from the place. The accused persons chased and assaulted him by Talwar, consequently, he fell down and breathed his last. On the basis of the compliant, a case has been registered.
4. It is the submission of learned counsel for the petitioner-accused No.4 that already charge sheet has been filed and petitioner-accused No.4 is not required for the purpose of further investigation or interrogation. It is his further submission that already accused Nos.3 and 5 have been enlarged on bail, even on the ground of parity, the petitioner-accused No.4 is entitled to be released on bail. It is his further submission that the petitioner-accused No.4 has also suffered with injuries and he has got treated in the hospital. The complainant came to know about the name of the accused persons from other, on the basis of the said message, they have been implicated as accused Nos.2 to 4. Subsequently, during the course of investigation, accused Nos.1 and 5 have been included. It is his further submission that petitioner-accused No.4 is languishing in jail since more than 2 years 6 months and still the charge has not been framed and prima-facie has been fixed. He is ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and release the petitioner-accused No.4 on bail.
5. Per contra, learned High Court Government Pleader for the respondent-State vehemently argued and submitted that including the complainant, CW.2 to 9 are the eyewitnesses to the alleged incident. In all the statements given by the eyewitnesses that they have stated about the overt acts of the petitioner-accused No.4 stating that he has also assaulted the deceased with Talwar and caused the injuries and because of the said injuries, the deceased succumbed. It is his further submission that the said long which has been used also recovered at the instance of petitioner-accused No.4. If the petitioner-accused No.4 is enlarged on bail, he may tamper with the prosecution evidence and he may not be available for the trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and submission made by the learned counsel for both the parties and perused the record.
7. On close reading of the contents of the complaint and other material, it discloses the fact that because of the previous animosity between the deceased and accused persons that they took an opportunity and assaulted the deceased by chasing him with deadly weapons. No doubt that the charge sheet has been filed but the petitioner-accused No.4, who approached this Court against whom there is material to show that the deceased came out of the bar at that time, petitioner- accused No.4 along with other accused persons went and petitioner-accused No.4 has assaulted the deceased and caused injuries. The said injuries caused also supported the evidence of the doctor who has conducted post mortem over the body of the deceased. No doubt, Test Identification Parade has been conducted and petitioner-accused No.4 has also suffered with injuries but when the serious allegations have been made against his presence can be noted that he has participated in the alleged crime and serious allegations are there.
8. Under such circumstances, I feel that it is not a fit case to allow the petition and to release the petitioner-accused No.4 on bail. In that light, petition stands dismissed. The trial Court is directed to expedite the trial.
Sd/- JUDGE HA/-